PEOPLE v. POWELL


171 A.D.2d 1026 (1991)

The People of the State of New York, Respondent, v. John Lee Powell, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 8, 1991


Judgment unanimously reversed on the law and indictment dismissed.

Memorandum:

The trial court instructed the jury that they were required to find, as an essential element of criminal possession of a weapon in the fourth degree, that defendant possessed a dangerous instrument, a knife, and with respect to charges of unlawful imprisonment and menacing, that defendant used the knife in threatening or exposing the victim to serious physical injury. Given this...

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